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Question: I had a tenant move out several months ago. I returned $600 of his $1,000 deposit.  He disputes all but $50 of the deductions and has threatened to sue me. He also has not cashed the refund check. How long does he have to sue me? Answer: In California, the statute of limitations determines the time that you must bring suit to legally enforce a claim. For written agreements, it is four years from the time of the breach. For oral agreements, he statute of limitations is two years from the time of the breach. Question: I rented to… Read More

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Question: If you give residents a 60-day notice of termination of tenancy and they do not pay their rent for that month, is it OK to give them a three-day notice to pay or quit? The three-day notice does not void the 60-day notice, does it? Answer: You can serve them with a three-day notice to pay rent or quit, and if they fail to comply, start the unlawful detainer action. Just make sure you do not ask for rent that goes beyond the 60-day notice period. Question: I would be interested in knowing what to do when a resident… Read More

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Question: One of our residents brought in a roommate without my permission or consent. We have a clause in our lease prohibiting assignments or sublets of the lease. How do I prove the tenant is in violation of the lease? Answer: In many cases, it is difficult to prove because many times the claim is that they are just overnight guests. However, if there is enough circumstantial evidence, such as receiving mail at the premises, traveling to and from work, using the laundry and other facilities regularly, you will have enough proof to satisfy most judges. Question: If we serve… Read More

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Question: Please tell me the law on roommates and the return of security deposits when only one vacates the unit. Answer: Unless you provide otherwise in your lease, you do not release the deposit until after you regain possession of the unit.  It is up to the roommates to figure out who gets what as they are “jointly and severally” liable for the performance of the lease. Question: I have several tenants who have damaged their units. What can I charge?  Answer: You can charge for the actual out-of-pocket costs, as well as labor. If you do it yourself, you… Read More

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Question: I am renting a single-family dwelling to three individuals, each of whom submitted a separate application but want to all be listed on the rental agreement. How do I fill out a month-to-month agreement? Answer: Have them all sign the same agreement. That way, they would be jointly and severally liable under the lease. Question: Several weeks ago, during a wind storm, a large tree fell on my tenant’s car. The tenant thinks I am responsible for the damages, but my insurance company says I am not. Answer: Unless you were negligent in the way you maintained the tree,… Read More

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California law generally allows the owner to terminate a month-to month tenancy on 30 or 60 days notice, depending on how long the residents have lived there. By contrast, a fixed-term lease can only be terminated by the owner on three days’ notice for cause. Depending on the reason, the notice may include an opportunity to cure – such as the three-day notice to pay rent or quit. Notices of termination frequenty generate questions for CAA’s Landlord Helpline.  Some recent questions: IS SERVICE OF A 30- OR 60-DAY NOTICE CONSIDERED “EVICTION?”  No. These notices terminated a tenancy as allowed by… Read More

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Question: I purchased a building in which two of the three tenants do not have a deposit on file. Can I require a deposit for continuing tenancy? Answer: If their lease agreement is month-to-month as opposed to a fixed-term lease, you can serve a 30-day notice changing the terms of the tenancy to require a deposit. If it is residential, your limit is twice the amount of the monthly rent if the unit is unfurnished. Question: New tenants signed our lease and paid the first month’s rent. Now they want to get out of the lease.  They did not take… Read More

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Question: We have an excellent single resident in one of our units. She has requested to move a troubled friend with relationship problems in with her for a couple of months. What legalities do I need to consider and what additional and/or new forms do I need to have filled out and signed? Answer: You could have the additional occupant qualify as a resident and sign the current lease as a tenant. This would protect you in the event the occupant remains and the resident moves out. Question: Can a three-day notice be served for the cost of damage to… Read More

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Question: I rent a house to a married couple. I have found that they now have a third person living with them. Can I raise the rent, tell them they have to sign a new lease if they want an additional person, or can I say they cannot have additional people in the house since only two people signed the lease? Answer: If your lease restricts the number of occupants and the tenants have exceeded the limit, it is considered a breach of the lease and can be remedied by serving a three-day notice to perform conditions an/or covenants or… Read More

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Question: Can I have the resident pay more security deposit to make up the difference from rent increases? Answer: You can unilaterally change the terms of a month-to-month agreement by properly serving a thirty-day notice of change of terms of tenancy. This cannot be done with a fixed-term lease. You would have to wait until the lease expires and then upon renewal ask for a higher or additional deposit. Question: Does a resident have to stay in his apartment for a certain number of days per month in order for his lease to remain in effect? Answer: Not unless the… Read More

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